20150858 Ver 1_More Info Letter_20150911

Pat McCrory
Governor
September 1.1, 2015
INC E 1 wa
North, Carolina Department of Environment and Natural Resources
Donald R van der Vaart
Secretary
DWR Project #15 -0840
Rutherford County _.
Bradley S. Luckey
Pilot Environmental Inc.
Post Office Box 128
Kernersville, North.Carolina 27285
David Burge
Rutherford Farm, LLC
3250 Ocean Park Boulevard
Santa Monica, California 90405
Subject: Request for Additional Information
Rutherford Solar farm
Response Due: October 9, 2015
Dear Mr. Luckey and Mr. Burge:
The Division of Water Resources (DWR) has performed a review of a 401 Water Quality. Certification
application received on August 25, 2015 for the above referenced project. The Division has determined that
your application is incomplete and cannot be processed. The application is on -hold until all of the following
information is received:
1. Natural materials are recommended for streambed stabilization over synthetic matting that can
entrap small animals. Please modify the proposed outlet protection for the three culvert
crossings. [15A NCAC 02H .0506(b)(2)]
2. Per Condition #13 of GC3886, please provide details on how you are going to maintain the
physical integrity and provisions for aquatic life passage for the stream above and below the
proposed culverts. Please provide a profile view and cross - section of all proposed culverts
including the proposed pipe slope and burial depths. [15A NCAC 02H .0502(b)]
The North Carolina Wildlife Resources Commission (WRC) has not yet received the Pre - Construction
Notification (PCN) form. Please provide a copy to Andrea Leslie, WRC Mountain Habitat Conservation
Coordinator andrea.leshei'amcwildlife.ora .
Water Quality Regional Operations — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 2964500 FAX: 828 - 299 -7043
Internet: hrip: / /portal,ncdenr.org /web /wq
An Equal Opportunity 1 Affirmative Action Employer

Rutherford Solar Farm
DWR #15 -0840
Page 2 of 2
If all of the requested information is not received in writing by the response due date, the DWR will be unable
to approve the application and it will be returned. The return of this project will necessitate reapplication to the
DWR for approval, including a complete application package and the appropriate fee.
Please respond in writing by the due date by sending three copies of all of the above requested information to
the 401 & Buffer Permitting Unit:
401 and Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
Please be aware that you have no authorization under the Section 401 of the Clean Water Act/ Isolated
Wetlands and Isolated Waters Rules/Buffer Rules for this activity and any work done within waters of the state
may be a violation of North Carolina General Statutes and Administrative Code. Please call Ed Williams (828)
296 -4686 ed.williamsancdenr.aov , if you have any questions.
Sincerely,
Ed Williams
Environmental Senior Specialist
Water Quality Regional, Operations
Asheville Regional Office
Attachment: Water Quality Certification No. 3886
cc: DWR ARO 401 files
ec: Karen Higgins, 401 and Buffer Permitting Unit
William Elliot, USACE Asheville Regulatory Field Office
Andrea Leslie, Mountain Habitat Conservation Coordinator, NC Wildlife Resource Commission
G: \WR \WQ\ Rutherford \401s\Non- DOPRutherford Solar Farm\ ADDINFO. 401RutherfordSolarFarm9- 11- 2015.doc